Infrastructure Pvt vs Jalore Jaswantpura Bot Project Pvt on 26 February, 2024
9-arbapl-7724-2023.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY ... Infrastructue Pvt. ...Petitioner
V/s.
Jalore Jaswantpura Bot Project Pvt. ...Respondent
----
None for the Applicant.
Mr. Karan Bhide a/w. Mr. Kartikey Kaushik
Infrastructure Pvt vs Jalore Jaswantpura Bot Project Pvt on 27 February, 2024
2024:BHC-OS:3105
902-arbapl-7724-2023.doc
IN THE HIGH COURT ... Infrastructure Pvt. Ltd., .. Applicant.
v/s.
Jalore Jaswantpura Bot Project Pvt. Ltd., .. Respondent.
None for the Applicant.
Mr. Kartikay Kaushik i/b. Dave & Girish
Nagpur (Original Respondent)
v/s
DP Jain Nagda Gogapur
BOT Annuity Project Pvt. Ltd. ................Respondent
U-7, Himalaya Accord Apartment (Original Appellant)
Opp. Law College ... mentioned and thus it cannot be
DP Jain Nagda Gogapur BOT
Annuity Project P. Ltd.
M.A. no.02/Nag./2022
concluded that
Nagpur (Original Respondent)
v/s
DP Jain Nagda Gogapur
BOT Annuity Project Pvt. Ltd. ................Respondent
U-7, Himalaya Accord Apartment (Original Appellant)
Opp. Law College ... mentioned and thus it cannot be
DP Jain Nagda Gogapur BOT
Annuity Project P. Ltd.
M.A. no.02/Nag./2022
concluded that
words "infrastructure projects for development of
road/highways" but as much on such projects "on BOT basis
where ownership is not vested ... acquired for implementation of Airport Metro
Express Project. Since the said project has been completed
under BOT Scheme, C.B.D.T. Circular
words "infrastructure projects for development of
road/highways" but as much on such projects "on BOT basis
where ownership is not vested ... acquired for implementation of Airport Metro
Express Project. Since the said project has been completed
under BOT Scheme, C.B.D.T. Circular
sustained the disallowance as under:
"Under the Build-Operate- Transfer (BOT) projects, the
developer (taxpayer), in terms of concessionaire agreement with
Government ... construction on development of infrastructure facility of
roads/highways under BOT projects may be amortised and claimed
as allowable business expenditure under
Resolution dated 01.07.2002,
that no stamp duty would be levied on BOT Projects in
future and such agreements would be signed on stamp
paper ... State, once it was clarified that the Concession
Agreements under the BOT Projects would be executed on
stamp paper of Rs.100/-, the appellants entered
BOT operators. Also, whether
ICDS is applicable for leases.
Answer: At present there is no specific ICDS notified for real estate
developers, BOT projects ... BOT operators. Also whether ICDS is
applicable for leases.
Answer: At present there is no specific ICDS notified for real
estate developers, BOT projects
amortization of expenditure of Rs.
18,51,12,122/- on the BOT project. The return of income filed by
the appellant was selected for scrutiny ... granted to the appellant due to its capital investment in the BOT
project-by treating the "right to collect toll" as intangible assets
